Equitable Remedies, Restitution and Damages: Cases and Materials, Candace S. Kovacic-Fleischer, Grant S. Nelson, Paul T. Hayden
Автор: Charles Mitchell, Paul Mitchell Название: Landmark Cases in the Law of Restitution ISBN: 1509905065 ISBN-13(EAN): 9781509905065 Издательство: Bloomsbury Academic Рейтинг: Цена: 6176.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: It is now well established that the law of unjust enrichment forms an important and distinctive part of the English law of obligations. Restitutionary awards for unjust enrichment and for wrongdoing are clearly recognised for what they are. But prior to the last decade of the twentieth century the very existence of a separate law of unjust enrichment was controversial, its scope and content matters of dispute. In this collection of essays, a group of leading scholars reappraise some of the landmark cases in the area. Their investigations shed new light on some classic decisions, and persuasively invite readers to think again about some well-known authorities.
How tort, contract, and restitution law can be reformed to better serve the social good
Lawyers, judges, and scholars have long debated whether incentives in tort, contract, and restitution law effectively promote the welfare of society. If these incentives were ideal, tort law would reduce the cost and frequency of accidents, contract law would lubricate transactions, and restitution law would encourage people to benefit others. Unfortunately, the incentives in these laws lead to too many injuries, too little contractual cooperation, and too few unrequested benefits. Getting Incentives Right explains how law might better serve the social good.
In tort law, Robert Cooter and Ariel Porat propose that all foreseeable risks should be included when setting standards of care and awarding damages. Failure to do so causes accidents that better legal incentives would avoid. In contract law, they show that making a promise often causes the person who receives it to change behavior and undermine the cooperation between the parties. They recommend several solutions, including a novel contract called "anti-insurance." In restitution law, people who convey unrequested benefits to others are seldom entitled to compensation. Restitution law should compensate them more than it currently does, so that they will provide more unrequested benefits. In these three areas of law, Getting Incentives Right demonstrates that better law can promote the well-being of people by providing better incentives for the private regulation of conduct.
Автор: Merryman Название: Imperialism, Art and Restitution ISBN: 0521123879 ISBN-13(EAN): 9780521123877 Издательство: Cambridge Academ Рейтинг: Цена: 6494.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The issue of returning art and cultural property removed from explored or conquered lands by Americans and Europeans is an unresolved problem. This book is about the return, or not, of works of art taken during the Age of Imperialism and now held in museums and private collections.
